May 20, 2013

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Statistics On Drunk Driving & The California DUI Attorney

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Impaired driving and accident statistics have become and increasing topic of interest. DUI stands for Driving Under the Influence and can include both alcohol and non-alcohol related substances. Sometimes these include medications or illegal drug use cases. DWI stands for Driving While Intoxicated, which directly references alcohol related cases. Below are some statistics regarding Alcohol Impaired Driving:

*250,000 people have died in alcohol related accidents in the past 10 years.

*Presently 25,000 people are killed each year in alcohol related accidents.

*500 people are killed each week in alcohol related accidents.

*71 people are killed each day in alcohol related accidents.

*One American life is lost every 20 minutes in alcohol related auto crashes.

*It is estimated that one out of every two Americans will be involved in an alcohol related accident in his or her lifetime.

*Alcohol related crashes are the leading cause of death for young Americans, between the ages of 16 and 24 years old.

*Over 50% of all fatal highway crashes involving two or more cars are alcohol related.

*Over 65% of all fatal single car crashes are alcohol related.

*Over 36% percent of all adult pedestrian accidents are alcohol related.

*80% of all fatal alcohol related auto crashes occur between 8 pm and 8 am.

*36% of all adult pedestrian accidents involve an intoxicated pedestrian.

*According to a recent Allstate Insurance Company study, alcohol impaired drivers are estimated to cost American taxpayers $21 – $24 billion dollars per year.

*National Geographic recently stated that alcohol abuse costs American society $136 billion and 65,000 lives annually.

*United States has one of the safest highway systems in the world, but the portion of our accidents involving alcohol is among the highest in the world.

*An accident by an alcohol impaired driver is the most frequently committed violent crime in the United States today.

Since this growing concern often involves young adults and teenagers, areas with more wild social climates are often susceptible to higher rates of accidents. California is the leading state with the highest number of DWI cases. Drivers are not allowed to drive while in possession of an alcoholic beverage and individuals under the age of twenty-one are not allowed to drive with a BAC level above .01 to .5. Licenses can be revoked and mandatory visitation programs can ensue.

For many, employing the services of a DUI attorney may become necessary if a charge is acquired. In Vista CA, a DUI attorney can help clients understand the complexity and severity of the DUI or DWI charges they are facing. This is particularly important for youth who are facing such circumstances since the outcome can affect their life for years to come. A DUI attorney will have the expertise to forewarn possible consequences and provide legal help to improve the status of the case. Though California has the highest rate and subsequently a need for DUI attorney services, Alaska and Texas are both in the top three.

Though the rate of DUI arrests in California decreased per 100,000 licensed drivers from 933 in 1997 to 863 in 2007, the actual number of total DUI arrests increased from 191,164 to 203,866. The number of DUI convictions has also risen from 142,372 to 153,348 from 1997 to 2007, but the percentage of those convicted has stayed steady at 75%. Fortunately, the juvenile DUI suspensions has only risen from 769 to 1,061 while the overall first-offender suspensions has risen from 4,847 to 124,436 from 1997 to 2007 in the post-conviction category. Optimistically, the number of commercial driver actions has gone down 25% from 4,496 to 2, 903 in that decade.

To finish off, there are a few other relevant alcohol related statistics that may be of interest:

*40% of all suicide attempts are alcohol-related

*54% of all violent crimes are alcohol-related

*60% of all emergency room admissions are alcohol-related

*80% of all domestic disputes are alcohol-related

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Where To Find A Good DUI Attorney

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Perhaps there are only a few Hollywood celebrities in today’s era that have been really pure in the eyes of the public. Purity does not only cover their innocence in whatever form but also means purity of their names in any misdemeanor that the civil law greatly prohibits. Number one misdemeanor that most celebrities love to fall into are DUI or DWI charges. There are many grounds that fall into the DUI topic.

Driving under the influence includes drunk driving, DWI or driving while intoxicated, drinking and driving, and impaired driving. Basically it is any act of driving any machinery, in which the typical machinery used popularly in such cases is automobiles, under the influence of drugs or alcohol. It is punishable by law in the sense that it can cause accidents not only to the driver but also to the passengers and also to other car drivers as well. It can also cause road and traffic accidents which can greatly lead to death.

In such scenario, it is imperative to seek the aid of a DUI attorney, criminal DUI lawyer or DUI defense lawyer for help because of the many troubles that the person charged for such case will face in the future. Firstly, the license of the driver will be suspension of license, penalties and fines, and possible imprisonment with lots of alcohol lessons to attend to. With such troubles, one can expect financial woes, time consuming seminars, court attendance, and more. With the help of a DUI attorney, there is higher probability of lesser fines and penalties, return of license, secure the impounded vehicle and overall lessen the chance of imprisonment.

There are actually a number of good DUI attorneys globally and they can be accessed directly through the net. However, it is also advisable to seek for references when opting to get a DUI attorney so you can be assured that you will be getting a good one, that can fight for your road accident compensation, if you find that you are eligible to receive it.

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Finding a Dallas DWI Lawyer

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For those who have been charged with a DWI offense in Texas, finding the right Dallas DWI lawyer can be almost as daunting a task as dealing with the police. There are literally hundreds of attorneys in the Dallas-Fort Worth area who advertise their DWI defense services, but picking somebody out of the Yellow Pages may make a difficult circumstance worse. While time is of the essence, it is best to look for Texas DWI attorneys who have specific DWI or DUI experience, who can help with retention of drivers license and defense against criminal charges, and who offers a free consultation.

Texas DWI law

A blood alcohol level (BAC) of more than .08 constitutes drunk driving in Texas but DWI charges may be leveled at a lower BAC if, for instance, the driver is weaving or showing other signs of impairment. Many first offenses are Class B misdemeanors, which still carry stiff penalties including 72 hours to six days of jail time, mandatory community service and fines of up to 2,000.

Experience counts, but so does comfort level

As DWI laws are complex and change through time, people charged with a DWI will want to find a local Dallas DWI lawyer who understands what the police are looking for, knows the ramifications of field sobriety and blood tests and how to poke holes in police reports. Finding the attorney with strong legal strategy skills is paramount. At the same time, it necessary to be able to establish a rapport with the lawyer, feeling comfortable that he or she has the best interests of their client at the forefront at all times.

Resources are available to help those who are not sure how to go about choosing a Dallas DWI lawyer. Contact the Texas Bar Association or check out online resources such as FindLaw.com or Lawyers.com, among others.

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Hiring A Texas DWI Attorney

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If you are facing a DUI conviction, it is important to find legal representation to protect yourself against harsh consequences set forth by the state and local courts of Texas. Immediately after you a release on your own recognizance, consult a Texas DWI attorney and develop a successful defense strategy that will have your charges reduced or even dropped. As an example let’s say that you live in Dallas.  While no Dallas defense attorney should ever guarantee your a specific outcome, top Dallas DWI lawyers will be able to educate you on the process and give you insight on how your case will be defended. By taking proactive steps to keep yourself protected, you can possibly avoid having a permanent blemish on your driving and criminal record.

DUIs can be indicted as either misdemeanor or criminal charges depending on the circumstances of your arrest. If you have been arrested for multiple DUIs, or you damaged property or injured a person as a result of driving under the influence, you could be facing a felony conviction. In these cases, it is essential that you research the defense attorneys in your area that are experienced in defending felony cases. With the right experience, they will know which direction to go with the case.

Always consider how long the defense attorney has been defending DUI and DUI related cases. While any attorney can defend a DUI case, you should stick with those who primarily deal with these type of criminal cases. There are several resources available online to check the current standing of attorneys in the Dallas area. Use these resources for your own benefit, and compare success stories to choose the best possible lawyer. You may even find good Dallas DWI lawyer. Keep in mind, the attorney’s official website will always state positive facts. Check third party resources to delve deeper into their reputation and choose an attorney with your best interests in mind.

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Hiring Dallas, Texas DWI Attorneys

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If ever arrested or ticketed for a Driving While Intoxicated (DWI) charge, defendants will need to hire a Dallas DWI Lawyer or Texas DWI attorney who will help them with their plea options and if necessary, represent them at a trial. Because there are many DWI Lawyers in the Dallas area, finding one that is competent, as well as reasonably priced, is a task that will require some research.

Before hiring an attorney, clients will want to consult the Texas Bar Association to find out about their prospective attorney. Researching one or more Texas DWI Attorneys, consumers will want to find out about an attorneys standing with the Texas Bar. Understanding how long the attorney has been registered with the Texas Bar Association, their registered specialty areas of practice, and if there have been any complaints or disciplinary actions taken against them will help consumers make a shortlist of prospective attorneys.

Because a DWI is a serious charge that can have life-long implications, consumers will want to hire the best attorney money can buy. This means they will need to research and if possible, interview an attorney during a consultation to find out their percentage of having a DWI charge reduced or dismissed. During the consultation, fees will also be addressed as well as client expectations. If selected as an attorney, clients will have to give their complete trust to this legal representative, which is why it is important to find someone competent, experienced and willing to keep their clients informed about every aspect of their pending case.

While a person may not want to have a DWI charge on his or her record, if looking to save money and resume life as normally as possible, a Dallas DWI Lawyer may recommend a plea deal. This saves the time and expense involved with having to go to trial and allows those pleading guilty to immediately start on their driver improvement courses, community service, restitution or other court-ordered sentencing. Whichever option you choose, always make sure the legal representative selected has your best interest, including both short and long-term lifestyle implications, in mind.

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How To Deal With DUI/DWI Charges – A Concise Guide

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DUI is the crime of Driving Under the Influence of Alcohol or drugs, or a combination of both. It is also known as DWI which stands for Driving While Intoxicated. For alcohol the legal Blood Alcohol Content is 0.08% and this can be measured using blood tests. Determining what it means to be under the influence of drugs is less easy to establish. The general test applied is that the drugs taken must affect the person in a way which means their ability to drive a vehicle is not that of a ‘prudent and cautious’ person. Drugs can include not only illegal substances but also over the counter medicine which can increase drowsiness such as cold remedies. Any such medicine comes with a warning concerning the potential side effects especially when combined with alcohol.

It is dependent on the individual state as to what can be defined as a vehicle in a DUI conviction. In Ohio a motorized lawnmower can be considered as a vehicle and it is therefore a crime to drive under the influence. In California a person riding a horse on a highway can be convicted of DUI if they are doing so under the influence.

If you have been arrested for DUI it is important to get legal advice straight away from a lawyer specifically trained in DUI. The penalties for DUI can be severe however a trained DUI lawyer will have the necessary experience to either argue against the prosecution’s case or alternatively argue for a less severe punishment. Remember that the prosecution is responsible for proving your guilt beyond a reasonable doubt. Therefore the sooner you seek legal advice the better your chances of defending yourself against the prosecution case. Contact your local bar association or go online to find the best lawyer in your area. There are good defense lawyers in your area. If you are in Dallas, you may hire a great Dallas defense attorney as your legal defense. You may even get a good Dallas DWI lawyer. Remember to get the right attorney so doing research would be necessary.

DUI/DWI Penalties

DUI penalties vary from state to state. Georgia and Florida are among those states which have the longest jail terms for first time DUI offenders and therefore can be considered among the harshest states. Upon conviction for DUI a range of penalties may apply.

License Restriction: An arrest for DUI can lead to automatic loss of license. Therefore you should contact the Department of Motor Vehicles (DMV) immediately after being arrested to request a hearing. In terms of drugs the situation is less clear. Using chemical tests it can be established whether or not you are over the 0.08% blood alcohol content limit and the DMV can retract your license automatically on this basis. While you can be tested for the presence of drugs there is no test for the presence of a specific level of drugs which can be considered as over the limit. Therefore in such instances it is not as easy for the DMV to revoke your license. The courts also have the power to revoke driving licenses.

Impounding your Vehicle: It is possible that your vehicle may be impounded or fitted with ignition locks. These locks prevent you driving while under the influence of alcohol.

Alcohol and Drug Education: The court can order that you attend a specified period of time at an alcohol and drug education centre.

Fines: The fines imposed for DUI are set at state level and therefore can vary. They are usually higher for those who have already been convicted of DUI.

Community Service: As an alternative to imprisonment a convicted DUI offender may be required to carry out a stipulated number of hours of community service.

Imprisonment: While imprisonment is not automatic for first time offenders this does vary from state to state. There will be some factors which may increase the likelihood of you receiving a more severe punishment such as imprisonment. These include the presence of children in the car while driving, whether this is your first DUI offence, your behavior when arrested and also the presence of a very high Blood Alcohol Content.

If while driving under the influence you are involved in an accident resulting in the death of another individual you will be charged with vehicular manslaughter which carries much longer sentences in prison.

Arguing your DUI Case

The prosecution will rely on four key things to get a conviction for DUI. A good DUI attorney will be able to argue your case and try to undermine the prosecution’s case on each of these points.

1. To begin with the prosecution will present evidence of your driving patterns to demonstrate the fact you were driving under the influence. Such evidence is generally the observations made by the police prior to your arrest. This is a very subjective type of evidence and can easily be rebutted by your DUI lawyer who can provide evidence of how many years you have consistently driven in a safe manner. In some states such as Alabama it is not even necessary to provide evidence that a driver was driving erratically. Just being in charge of a car, whether driving or not, can be sufficient for a DUI conviction if you are under the influence.

2. The prosecution will also present evidence of your physical appearance when you were arrested. This can include such things as red eyes, alcohol on the breath. Once again your lawyer can present doubt as to whether or not this is evidence of DUI. Red eyes can also be the result of allergies, crying and numerous other factors. In terms of alcoholic breath, this is also very debatable. Non-alcoholic beer can also taint your breath in such a way as to suggest you have been consuming alcohol. It is the ingredients other than the alcohol which give this smell.

3. A third piece of evidence submitted by the prosecution will be the results of field sobriety tests carried out at the scene. It is commonplace to ask drivers to do such tasks as walk along a straight line. Your lawyer may be able to argue that such tasks were carried out under stress of arrest and therefore are unfair as evidence of DUI. Breathalyzer tests may also have been carried out at the scene. Your lawyer can challenge the accuracy of such a test by requiring the prosecution to submit evidence that the breathalyzer used has been well maintained and tested for accuracy.

4. So far the evidence submitted by the prosecution is more circumstantial. The hardest evidence to challenge is that of the chemical testing for Blood Alcohol Content (BAC). While some states vary in the sentencing for DUI the legal BAC limit is 0.08% across all states. While this is indeed compelling evidence of guilt your lawyer can attempt to dispute the findings of the testing. It is actually possible, though not easy, to prove that alcohol levels when tested at the police station were higher than the alcohol level while driving. Such an argument takes into account the digestion process and stomach contents of the driver.

Although it is possible to have a case of DUI dismissed with good legal representation it must also be remembered that the act has been criminalized for very good reason. All efforts should be made to ensure that you avoid driving while under the influence of alcohol or drugs, for both your own safety and that of those around you.

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DWI Lawyers – Can They Help You?

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If you’ve been arrested on a driving while impaired or intoxicated charge, the consequences can quickly snowball and have a huge negative effect on many aspects of your life especially when you hurt somebody or damage something. This is the time you need the help of assault lawyers. The specific lawyers that you could have are DWI lawyers. They are the people you call on to help you minimize the implications this charge could have on not only you, but your family and friends too.

The most important thing to remember with DWI charges is to act quickly. By delaying contacting a lawyer you are reducing their ability to help you. If you leave it too long you may have already lost your license before your lawyer has had a chance to hear about your case. If you are taken back to the police station after being charged its likely you’ll get the opportunity to contact a legal representative then. Sometimes you may be provided with a list of DWI lawyers to choose from or you may wish to contact the bar association to get recommendations. Getting advice this early on will give you and your lawyer the best chance of fighting the charge or of reducing the sentence.

Some of the possible implications of a DWI charge could be the loss of your license, a substantial fine, community work or even imprisonment. Sometimes even a combination of these things is seen as suitable. Losing your driver’s license can severely impact on your life. Most people need to have a license to get to work, drive the kids to school and run necessary errands. Without having this freedom you have to depend on other friends and family to run around for you. The extra stress this can put on those close to you can be hard to cope with and even lead to further problems in the relationship. Not many people have substantial savings, and if they do they don’t want to be spending them on necessary court fines. This may mean forfeiting a planned holiday, Christmas gifts or enjoyed entertainment. Again this may not only affect you but those close to you as well. Imprisonment is the ultimate sentence for a DWI charge, and the implication of that to you and all those close to you is clear. It is a devastating sentence that you’ll want to do all possible to avoid.

DWI lawyers are experts in these cases and can offer you sound advice in taking the necessary steps to dismiss the charges or lessen the sentence handed to you. They can give you the best advice for such sensitive situations just like a divorce attorney giving divorce advice to a couple who wants to end up their marriage. By contacting DWI lawyers immediately they can advise you on what steps to take while you are still at the police station. Your lawyer can usually meet you at the station to conduct your initial consultation, or if you are released you need to arrange a meeting as soon as possible to discuss the next steps in your case. They will usually be able to handle everything but ensure you are kept well informed with what steps they are taking to help you. Your lawyer will prepare what is necessary for the hearing and make the appropriate statements on your behalf. Follow their instruction to the letter and you’re in the best position you can be in right now.

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Get A Criminal DUI Lawyer

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If you or someone you know has been charged with DUI, or driving under the influence, then you need to get an assault attorney or federal criminal defense lawyer specifically a criminal DUI lawyer. Almost every state considers this a criminal offence and the punishments can be severe. The only way to avoid the worst possible scenario is to have good legal representation. This should be considered not only when choosing this type of lawyers but with homicide, accident, judgment attorney for judgment recovery, etc.

For a first time offender you may be lucky to only receive sizeable fines or a warning. However it’s not a risk worth taking. Some first time offenders still loose their license. Loosing your license not only has a negative stigma attached but it will be on your record with the DMV and if charged will remain on your criminal record for several years to come. Future employment opportunities could be restricted, loosing your license could mean loosing your job for some people, and you’ll have to rely on others to take you places or run you from place to place. Finding someone willing to do this on an ongoing basis for months on end can be quite difficult, not to mention embarrassing.

If this is not your first DUI offence then you could be looking at loosing your license for a much longer period of time as well as large fines. Worst case scenario for a criminal DUI is to serve jail time. This could be months, it could be years. For some this is going to mean loosing your job and perhaps loosing your family and friends. If you thought the stigma of loosing your license was bad, try the stigma of having been in jail. Not only will you loose part of your life but you’ll inevitably end up paying for it for the rest of your life.

A lawyer is your only option to fight the charges. While most cases are justified and the person charged cannot deny driving under the influence because of testing, your lawyer can still fight for an appropriate sentence or punishment. They could try to get you into rehabilitation programs, fight to keep your license if your job and livelihood depends on it, they may be able to reduce the suspension of your license or even try to reduce a jail sentence. None of this would be able to be achieved without the appropriate lawyer.

With the right representation you can reduce the impact a criminal DUI charge has on your life. However the law is the law and it’s likely you’ll receive some form on punishment for your actions with the hope of it being the first and absolute last time you find yourself in this situation.

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A DWI Felony Ruins People’s Lives

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Although the knowledge of the risks of drinking and driving is widespread and heavily advertised, the sad truth is that people still do it. This senseless crime affects lives all across the country in a most negative way. Alcohol impairs the body and brain so much that smart decisions cannot be made and quick thinking cannot occur.  This is mainly the reason why a lot of lawyers exist and they are DWI and DUI lawyers, truck accident lawyers, a tractor trailer accident lawyer and shoplifting lawyer. When a person is legally charged with such a violation it is categorized as either a DUI (driving under the influence) or DWI (driving while intoxicated). It’s unfortunate that many individuals must be charged with a DWI felony, but justice must be served in every case possible with the help of a felony attorney. Bail bonds also provide great help especially Orange County Bail Bonds, if you are located in this area. You may get cheap felony lawyer but you must remember that he or she may not be the best and may not provide enough help for your case. You must have research in choosing among felony lawyers before finally deciding to hire one.

Most of the time, when a person is caught driving while intoxicated they are not heavily punished for it as long as it is a first or even second offense. But every single time it happens, an irresponsible and dangerous person holds other people’s lives in their hands.  Oftentimes, a drunk driver is easy to spot while on the road. Sometimes these intoxicated drivers can instigate an 18 wheeler accident, big rig accident or tractor trailer accidents which can cause a very dangerous accident on the highway affecting many people. The driver can swerve the car without realizing, or travel at a speed which is too fast or even too slow for the area.  If it is noticeable, it’s actually a good thing because that way the driver can somehow be avoided. However, one cannot drive defensively if they are not able to notice such erratic driving behavior.

This is normally a situation that can turn into a DWI felony or DUI felony, because accidents happen so very easily when a driver is impaired. If an accident occurs, the drunk driver will definitely have a felony on record and be asked with car accident injury claim. If the accident kills or injures one or more people, the charges may escalate to vehicular homicide. Also, if the driver has been charged with DWI previously on more than one occasion, most states classify the infraction as a felony instead of a misdemeanor. Every state has different penalties for this crime, and conditions for each situation.

The main difference between a misdemeanor and a felony is the penalty they carry. A misdemeanor will carry a light punishment such as community service, probation, or some time in the county jail. A DWI felony, however, always constitutes a sentence in state or federal prison. Each individual will have a different case, therefore each penalty will differ. It seems like everyone that drinks and drives and gets caught for it should have to pay a hefty price, because it is a bad decision that can hurt many people. When someone is injured or killed as a result of an alcohol related accident, their friends and family suffer too.

They suffer financially and emotionally, even if justice is served and the criminal is punished. No one should have to worry about whether or not they will make it to their destination or not, or if their loved ones are safe on the road. The best thing to do defensively is to watch out for others while driving. People that choose to drink and drive don’t think about the value of their life or anyone else’s.

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DUI Law Of Florida

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Driving under the influence (DUI) of alcohol or drug is dangerous, not only for the others, for you also. DUI is a traffic offense and also a misdemeanor as long as it is your first offense. The penalty regarding this is less severe as well. However, depending upon the severity of the offense the penalty may increase and become harsher.

If the blood alcohol content rate of yours 0.08 or more than that you will be charged with DUI. If this is your first offense and you have not caused any severe damage to anyone’s property or health, you may get away with an arrest record, six months probation, court cost, $500 fine, license suspension and a certain hours of community service. However to get away this lightly, you need to be over 21, otherwise the penalty will be more brutal.

Remember to consult an experienced Florida criminal defense attorney, if you are charged with DUI. Make sure to seek legal help immediately, as there is no way you can represent yourself in this matter. A skilled DUI lawyer or criminal DUI lawyer who knows the law regarding this and will able to challenge the blood alcohol test and field sobriety test results to solidify your legal defense.

You should remember that you may not get away without any penalty in DUI case. However, your attorney can help reducing the penalty up to some level.

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